ACC 8 OF 2015 - Republic vs Juma Mwangala Mwatata
Summary: The accused, the CEO of YEDF, is charged on 3 counts. First, signing a contract for supply of diverse hatchering equipment worth 208,530,000 without requisite approval by the YEDF Board; second, abuse of office wit using his office to improperly confer a benefit on Comnete Tech Ltd via a contract worth 208,530,000 for the supply and installation of 1050 hatching machines without approval of the board; and third, engaging in a project without prior planning with respect to said contract. While indeed the accused did not seek the Board's approval in issuing this contract, the court in dismissing count 1 found that he had no obligation under the cited provision to get approval by the board. He therefore couldn't be called to compliance on that cited provision, and that in reality, the CEO actually could sign contracts without necessary sanction by the board. As for count 3 as to whether there was proper planning, the court observed that the Investigator's notion of planning was contrary to what was contemplated by the law, and proceeded to produce evidence that didn't help his case. This count too, flopped. Count 2 succeeded. The accused bypassed key persons in events leading to the approval and initial payment of 62,559,000, which he pressured the Procurement Officer to pay the sum, premised on a lie that the Board had approved the project, knowing fully well that this was not the case, and also that the contractor had not even satisfied the terms of the contract by providing clause 16 of the contract. The court viewed all these things as a flagrant abuse of office, and as such, he was found guilty on this count.
First offence date: 05/Aug/2012
Start date: 16/Aug/2012
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 208,530,000.00
Type of case: Abuse of Office, Wilful failure to comply with the law relating to the management of funds and incurring of expenditures
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Willful failure to comply with the law relating to management of funds contrary to Section 45(2) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 2 - Abuse of office contrary to Section 46 as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Conviction
Count 3 - Engaging in a project without prior planning contrary to Section 45 (2)(c) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Places
Milimani Anti-Corruption Court
Court -
Youth Enterprise Development Fund
Employer at time of Offence -